The above-referenced 710.30 notice, 710.30(1)(a) to be exact, applies to statements made by the accused while he or she was in custody and questioned by police. The notice applies to identification procedures arranged by police. Accordingly, if there is no statement or police arranged identification procedure, then the Prosecution need not provide the accused with notice under 710.30. Importantly, to prevent the Prosecution from introducing such evidence, your Buffalo Criminal Defense Attorney must make the proper motion at the appropriate time.
If the prosecution wants to introduce such a statement or offer testimony of an identification procedure at trail, the accused must receive notice of the prosecution’s intent within 15 days of the arraignment. However, it is important to consider the 15 day time-period is different for misdemeanors and felonies. In the case of a felony, the 15 day time period is not triggered until after the accused has been indicted and then arraigned on the indictment.
If you have a question, contact Andrew Tabashneck esq